Rep. Matt Gaetz (R-Fla.) accused Special Counsel Jack Smith of election interference in a complaint filed with the Department of Justice’s (DOJ) inspector general on Wednesday.
In a letter to Inspector General Michael Horowitz, Mr. Gaetz asserted that Mr. Smith’s resistance to delaying a trial stems from an unspoken drive to hold it before the upcoming November presidential election.
Last week, former President Donald Trump’s lawyers and Mr. Smith’s office filed motions requesting different trial dates in the classified documents criminal case in Florida. President Trump’s lawyers have argued that a fair trial cannot be held in an election year when he is the leading Republican candidate.
“The witch hunt against President Trump by Attorney General Garland and Special Counsel Smith is a partisan exercise, and the American people know it!” Mr. Gaetz wrote on X (formerly Twitter).
“Jack Smith’s attempt to speed up the trial against President Trump violates the DOJ’s rules and the law,” he continued. “His public comments and his office’s briefs before the Supreme Court demonstrate that he has no reason for his actions other than to unlawfully interfere in the 2024 presidential election.”
In his letter, Mr. Gaetz pointed to statements by Mr. Smith in court filings where he has urged a “rapid” review of the case and stressed its “public importance.” This, according to the Florida congressman, shows that the case is an attempt at election interference.
“Were there a legitimate, non-election related purpose for this request, these attorneys, who have filed in appeals courts many times, would have listed such,” Mr. Gaetz wrote (pdf).
“Since charges have been filed and the defendant himself is taking a legal position on timing and lodging various appeals, that justification cannot, for example, be the rights of the defendant under the Constitution or Speedy Trial Act,” he continued.
President Trump’s legal team made a similar argument last month, writing in a court filing that Mr. Smith was twisting “into logical knots” in his argument against delaying the trial.
“The Special Counsel’s latest filing raises a compelling inference of a political motive—the motivation to influence the 2024 Presidential election by bringing the leading Republican candidate to trial before November 5, 2024,” President Trump’s lawyers wrote.
Mr. Gaetz argued in Wednesday’s letter that Mr. Smith’s apparent rush to trial raises questions about compliance with DOJ policy. According to a 2022 memo issued by Attorney General Merrick Garland, law enforcement officers and prosecutors are prohibited from taking actions that could impact elections.
The memo cites the DOJ’s Justice Manual, which has also been highlighted by President Trump’s legal team. The manual sets clear guidelines against using investigative steps, public statements, or criminal charges for electoral advantage.
Citing legal scholars, including Harvard Law School professor Jack Goldsmith, Mr. Gaetz suggested in his letter that the rush to trial lacks a constitutional or statutory rationale, indicating a possible political motivation. Mr. Goldsmith, in an article referenced by Mr. Gaetz, questions the need for speed in the case and raises concerns about the consequences of such haste.
Mr. Gaetz accused Mr. Smith of violating the law by trying to expedite the case in court.
“It is the core of prohibited conduct that a purpose (not the purpose) of any official action of a prosecutor be to affect any election,” Mr. Gaetz wrote. “It may be morally correct that the American people should see swift resolution of this case, perhaps with dropped charges or a Trump acquittal before the November 2024 Presidential election, but wielding Executive Branch authority in the service of this is a violation of law. Prosecutors must be held to a higher standard.”
Mr. Gaetz urged Mr. Garland to conduct an immediate investigation into potential violations of departmental regulations by Mr. Smith.
The Epoch Times contacted Mr. Smith’s office for comment.
Last week, Mr. Smith’s office requested a new trial date of July 8. On the same day, attorneys for the former president asked for a delay of the trial until after the 2024 election or, alternatively, for it to be held on Aug. 12.
President Trump’s attorneys have argued that the U.S. Constitution affords him the right to run for president, engage in political speech-making protected by the First Amendment, and participate in legal proceedings, a right protected by the Sixth Amendment.
President Trump is accused of violating the Espionage Act through unauthorized possession of national defense information, as well as conspiring to obstruct justice and making false statements.
